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SEC v MARTIN J. CUNNANE, JR Click to find out why . . .



Keywords & Phrases
CaseNo: 34-39242, Defendant: Martin J. Cunnane, Jr., Plaintiff: SEC, State: WA Washington, UniqueCaseRef: SEC>34-39242, Cunnane, Accounts, Customers, Nasd, Koenig, Securities, Sanctions, Commission, Schwartz, Trades, Authorization, Rimson, Mctear, Violations, Transactions, Hiler, Exchange Act, Disciplinary Action, National Association, Purchases, Findings, Sustain, Nasd Staff, Review, Securities Dealers, Sanction Guidelines, Shares, Asserts, Facts, Pcm , ContentID: 120247253

Case Documents
1 1997-10-15 SEC COMMISSION OPINION
[ see first page and extracted highlights below  ] ItemID: 117403
9 pages
TXT
Total Documents: 1 document , 9 pages
Price: $ 19.95


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1 . SEC COMMISSION OPINION

EXTRACTED KEY WORDS
ACCOUNTS
CUSTOMERS
NASD
KOENIG
SECURITIES
SANCTIONS
COMMISSION
SCHWARTZ
TRADES
AUTHORIZATION
RIMSON
MCTEAR
VIOLATIONS
TRANSACTIONS
HILER
EXCHANGE ACT
DISCIPLINARY ACTION
NATIONAL ASSOCIATION
PURCHASES
FINDINGS
SUSTAIN
NASD STAFF
REVIEW
SECURITIES DEALERS
SANCTION GUIDELINES
SHARES
ASSERTS
FACTS
PCM





                          SECURITIES AND EXCHANGE COMMISSION
                                   Washington, D.C.

     SECURITIES EXCHANGE ACT OF 1934
     Rel. No. 39242 / October 15, 1997

     Admin. Proc. File No. 3-9296

                                                       :
        In the Matter of the Application of            :
                                                       :
               MARTIN J. CUNNANE, JR.                  :
          3752-62nd Street, Apartment 1B               :
             Woodside, New York  11377                 :
                                                       :
     For Review of Disciplinary Action Taken by the    :
                                                       :
     NATIONAL ASSOCIATION OF SECURITIES DEALERS, INC.  :
                                                       :

     OPINION OF THE COMMISSION

          REGISTERED SECURITIES ASSOCIATION -- REVIEW OF DISCIPLINARY
          PROCEEDINGS

               Violations of Rules of Fair Practice

                    Unauthorized Trading

               Registered representative opened accounts for three
customers
               without authorization and effected unauthorized trades in
each
               account.  Held, association's findings of violations and
               sanctions it imposed are sustained.

     APPEARANCES:

          Martin J. Cunnane, Jr., pro se.

          Norman Sue, Jr. and Francine Norz Tobin, for NASD Regulation,
Inc.

SNIPPETS:
  • SECURITIES AND EXCHANGE COMMISSION
  • For Review of Disciplinary Action Taken by the:
  • REGISTERED SECURITIES ASSOCIATION -- REVIEW OF DISCIPLINARY PROCEEDINGS
  • Violations of Rules of Fair Practice
  • Registered representative opened accounts for three customers
  • without authorization and effected unauthorized trades in each
  • Martin J. Cunnane, Jr., pro se.
  • and Francine Norz Tobin, for NASD Regulation, Inc.
  • Martin J. Cunnane, Jr., who at the time of the events at issue was associated with M. Rimson
  • Our findings are based on an independent review of the record.
  • both Cunnane and Koenig transferred to the Florida branch office of a broker-dealer.
  • Koenig, who was then affiliated with PCM Securities Limited, L.P, asked Cunnane to open
  • Koenig provided Cunnane with the information required to complete Rimson new account forms
  • Cunnane immediately opened accounts for each of these customers, and at Koenig's direction
  • The customers never paid for these transactions, and the positions were ultimately liquidated
  • Schwartz, a Koenig customer at PCM, testified that, prior to receiving confirmations for the
  • He further admitted that he should not have effected the transactions without either proof
  • Cunnane also admitted that he had earlier given the NASD staff inaccurate information about
  • We sustain the NASD's findings, which are supported on the record, that Cunnane violated
  • Cunnane challenges the NASD's sanctions,
  • Cunnane notes that he has no prior disciplinary history, represents that he received no
  • We have repeatedly stated that the appropriate remedial action depends on the facts and
  • We have also previously noted that the NASD's Sanction Guidelines are not meant to prescribe
  • Exchange Act Rel.
  •    |